83_FR_24675 83 FR 24572 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 24572 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24572-24574
FR Document2018-11410

FMCSA announces its decision to renew exemptions for 169 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24572-24574]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11410]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25751; FMCSA-2011-0193; FMCSA-2011-0194; FMCSA-
2013-0183; FMCSA-2013-0186; FMCSA-2013-0189; FMCSA-2015-0067; FMCSA-
2015-0068; FMCSA-2015-0069]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for 169 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 
p.m., e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On January 16, 2018, FMCSA published a notice announcing its 
decision to renew exemptions for 169 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (83 
FR 2295). The public comment period ended on February 15, 2018, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 169 renewal exemption applications 
and comments received, FMCSA confirms its' decision to exempt the 
following drivers from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce in 49 CFR 391.64(3):
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of November 
and are discussed below:
    As of November 1, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce

[[Page 24573]]

(78 FR 50482; 78 FR 65754; 80 FR 68895):

John K. Abels (IL)
Dean A. Bacon (IN)
Philip E. Banks (OH)
Anthony M. Brida (NJ)
Charles E. Dailey (AL)
Kenneth D. Denny (WA)
Adam M. Hogue (MS)
Greg P. Mason (NY)
Thomas D. Miller (MT)
Douglas A. Mulligan (KY)
David G. Peters (PA)
Gregory F. Wendt (NE)

    The drivers were included in docket number FMCSA-2013-0183. Their 
exemptions are applicable as of November 1, 2017, and will expire on 
November 1, 2019.
    As of November 3, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 37 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 59237; 80 FR 
79401):

Melvin S. Adams, Jr. (MD)
Kevin R. Arnett (MO)
David A. Ash (KS)
Louis Barrios (WA)
Robert W. Brown (TN)
Amanda K. Burke (IA)
Gallaspy C. Chapman (CO)
Fredrick R. Conner (PA)
Charles A. Culler (OH)
Allan E. Dover (ID)
Larry D. Everett (CA)
James Ferrone (PA)
Kenneth C. Fosdick (OH)
Todd E. Gross (WI)
Ricky V. Hoffman (KS)
Gary A. Jackson (PA)
Wayne O. Jennings (KS)
Larian A. Koger (NC)
Richard C. Lakas (MO)
Amondo D. Lark (FL)
Deborah C. Neece (NC)
Paul Neville (NJ)
Thomas M. Nicolaus (IA)
James D. Rast, III (SC)
Jason K. Riley (WV)
David C. Ripley (WA)
Joseph D. Shehan (NC)
Michael Shuler (DC)
Joseph A. Sitarchyk (PA)
Max F. Smith (IA)
Vann H. Smith (AL)
Donald Snead (GA)
John L. Stauffer (IA)
David L. Stephenson (SD)
Connie E. Wideman (FL)
Gary W. Wood (AR)
Willard Zylstra (CA)

    The drivers were included in docket number FMCSA-2015-0067. Their 
exemptions are applicable as of November 3, 2017, and will expire on 
November 3, 2019.
    As of November 9, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 55460; 78 FR 
69795; 80 FR 68895):

Mark A. Blanton (IN)
Howard T. Cash (IL)
Heath J. Chesser (AL)
Kevin F. Connacher (PA)
Darryl A. Daniels (OH)
Carrie L. Frisby (CA)
Dean M. Keeven (MI)
Christopher A. Labudde (IL)
Brian A. Mankowski (IL)
Robert E. Welling (OH)
Keith Weymouth (ME)

    The drivers were included in docket number FMCSA-2011-0193. Their 
exemptions are applicable as of November 9, 2017, and will expire on 
November 9, 2019.
    As of November 12, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 19 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 56988; 78 FR 
67459; 80 FR 68895):

Philip B. Blythe (IL)
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA)
Chad P. Colligan (NY)
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI)
Charles A. Fleming (VA)
Brian W. Hannah (UT)
Michael P. Huck (MI)
Van K. Jarrett (KY)
Keith W. Lewis (MO)
Ronny J. Moreau (NH)
James M. O'Rourke (MA)
Joshua T. Paumer (MT)
Vladimir B. Petkov (MO)
Robert J. Pulliam (AZ)
Daniel C. Theis (FL)
Richard A. White (TN)
Mark A. Winning (IL)

    The drivers were included in docket number FMCSA-2013-0186. Their 
exemptions are applicable as of November 12, 2017, and will expire on 
November 12, 2019.
    As of November 16, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 61140; 76 FR 
71111; 80 FR 68895):

Mark D. Andersen (IA)
David A. Basher (MA)
Brian H. Berthiaume (VT)
Eric D. Blocker, Sr. (NC)
Barry W. Campbell (WI)
Raymond A. Jack (WA)
Kenny B. Keels, Jr. (SC)
Jason M. Pritchett (MI)
Steven R. Sibert (MN)
Cassie J. Silbernagel (SD)
Lewis B. Taylor (IL)
James A. Terilli (NY)

    The drivers were included in docket number FMCSA-2011-0194. Their 
exemptions are applicable as of November 16, 2017, and will expire on 
November 16, 2019.
    As of November 17, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 28 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 62155; 81 FR 
6329):

Robert G. Chadwick (UT)
Brian D. Correll (PA)
Thomas W. Feely (NY)
Jeffrey S. Gurick (NJ)
Robert Hackey, Jr. (NJ)
Lawrence D. Hastings (WI)
Michael P. Haun (RI)
Anthony G. Hill (GA)
Charles H. Hillman (OR)
Alan L. Hodge (MN)
Nicholas C. Huber (IA)
Joseph S. Hurlburt (NY)
Robert J. Johnson (WA)
Robert L. Lawson (SC)
Leroy Madison (SC)
Mark L. Martin (WA)
Wendell J. Matthews (MO)
Peter G. Mattos (VT)
Michael J. Murray, Jr. (CA)
Joseph K. Niesen (IL)
Herman Powell, Jr. (TX)
William H. Riley, Jr. (IL)
Thomas H. Smith (SC)
James W. Smith (IL)
Michael J. Swanson (IL)
Patrick J. Sweeney (NJ)
Mark A. Turley (PA)
Jon T. Webster (MN)

    The drivers were included in docket number FMCSA-2015-0069. Their 
exemptions are applicable as of November 17, 2017, and will expire on 
November 17, 2019.
    As of November 20, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 20 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (71 FR 58464; 71 FR 
67201; 80 FR 68895):

John N. Anderson (MN)
Allan C. Boyum (MN)

[[Page 24574]]

Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Jeffrey M. Thew (WA)
Barney J. Wade
Dennis D. Wade (IL)

    The drivers were included in docket number FMCSA-2006-25751. Their 
exemptions are applicable as of November 20, 2017, and will expire on 
November 20, 2019.
    As of November 21, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 29 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 63863; 81 FR 
6330):

Leonel Barrera, Jr. (TX)
Alfred T. Benelli (PA)
Rickie J. Burgess (NC)
Edson M. Chick (VT)
Jerome E. Collins (LA)
Alvah R. Daniel, Jr. (WY)
John M. Fisher (VA)
Kent E. Fry (IL)
Stanley M. Garrison (AR)
Eric T. Herron (NV)
Lyle E. Hinspeter, Jr. (IA)
Burton W. Holliday (AL)
Justin L. Howe (IL)
Robert M. Manko (NY)
Clarance McNeill (NC)
Joe R. Minga (MS)
Tyna M. Murphy (PA)
Jose A. Ortega (IL)
Troy D. Ostrowski (MN)
Terry G. Parker (OR)
Anthony T. Quaglieri (NJ)
Antonio Ramos (RI)
Robert N. Ruhs (IA)
Ford J. Stevens, Jr. (MA)
Donald T. Streich (WA)
Dale A. Stydinger (PA)
Raymond E. Thomason (CA)
Robert M. Wright (PA)
Joe L. Zamora (TX)

    The drivers were included in docket number FMCSA-2015-0068. Their 
exemptions are applicable as of November 21, 2017, and will expire on 
November 21, 2019.
    As of November 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Steven R. Auger (NH) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (76 FR 63295; 76 FR 76400; 80 
FR 68895).
    This driver was included in docket number FMCSA-2013-0189. The 
exemption is applicable as of November 22, 2017, and will expire 
November 22, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11410 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               24572                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               of safety equal to that existing without                and objectives of 49 U.S.C. 31136 and                 SE, Washington, DC, between 9 a.m. and
                                               the exemption.                                          31315.                                                5 p.m., e.t., Monday through Friday,
                                                                                                         Dated: May 17, 2018.                                except Federal holidays.
                                               V. Conditions and Requirements                                                                                   Privacy Act: In accordance with 5
                                                                                                       Larry W. Minor,
                                                  The terms and conditions of the                                                                            U.S.C. 553(c), DOT solicits comments
                                               exemption are provided to the                           Associate Administrator for Policy.
                                                                                                                                                             from the public to better inform its
                                               applicants in the exemption document                    [FR Doc. 2018–11440 Filed 5–25–18; 8:45 am]           rulemaking process. DOT posts these
                                               and includes the following: (1) Each                    BILLING CODE 4910–EX–P                                comments, without edit, including any
                                               driver must be physically examined                                                                            personal information the commenter
                                               every year (a) by an ophthalmologist or                                                                       provides, to http://www.regulations.gov,
                                               optometrist who attests that the vision                 DEPARTMENT OF TRANSPORTATION                          as described in the system of records
                                               in the better eye continues to meet the                                                                       notice (DOT/ALL–14 FDMS), which can
                                                                                                       Federal Motor Carrier Safety
                                               standard in 49 CFR 391.41(b)(10) and (b)                                                                      be reviewed at http://www.dot.gov/
                                                                                                       Administration
                                               by a certified Medical Examiner who                                                                           privacy.
                                               attests that the individual is otherwise                [Docket No. FMCSA–2006–25751; FMCSA–
                                               physically qualified under 49 CFR                       2011–0193; FMCSA–2011–0194; FMCSA–                    II. Background
                                               391.41; (2) each driver must provide a                  2013–0183; FMCSA–2013–0186; FMCSA–                       On January 16, 2018, FMCSA
                                               copy of the ophthalmologist’s or                        2013–0189; FMCSA–2015–0067; FMCSA–                    published a notice announcing its
                                                                                                       2015–0068; FMCSA–2015–0069]                           decision to renew exemptions for 169
                                               optometrist’s report to the Medical
                                               Examiner at the time of the annual                      Qualification of Drivers; Exemption                   individuals from the insulin-treated
                                               medical examination; and (3) each                       Applications; Diabetes                                diabetes mellitus prohibition in 49 CFR
                                               driver must provide a copy of the                                                                             391.41(b)(3) to operate a CMV in
                                               annual medical certification to the                     AGENCY: Federal Motor Carrier Safety                  interstate commerce and requested
                                               employer for retention in the driver’s                  Administration (FMCSA), DOT.                          comments from the public (83 FR 2295).
                                               qualification file, or keep a copy in his/              ACTION: Notice of final disposition.                  The public comment period ended on
                                               her driver’s qualification file if he/she is                                                                  February 15, 2018, and no comments
                                               self-employed. The driver must also                     SUMMARY:   FMCSA announces its                        were received.
                                               have a copy of the exemption when                       decision to renew exemptions for 169                     As stated in the previous notice,
                                               driving, for presentation to a duly                     individuals from its prohibition in the               FMCSA has evaluated the eligibility of
                                               authorized Federal, State, or local                     Federal Motor Carrier Safety                          these applicants and determined that
                                               enforcement official.                                   Regulations (FMCSRs) against persons                  renewing these exemptions would
                                                                                                       with insulin-treated diabetes mellitus                achieve a level of safety equivalent to or
                                               VI. Preemption                                          (ITDM) from operating commercial                      greater than the level that would be
                                                  During the period the exemption is in                motor vehicles (CMVs) in interstate                   achieved by complying with the current
                                               effect, no State shall enforce any law or               commerce. The exemptions enable these                 regulation 49 CFR 391.41(b)(3).
                                               regulation that conflicts with this                     individuals with ITDM to continue to                     The physical qualification standard
                                               exemption with respect to a person                      operate CMVs in interstate commerce.                  for drivers regarding diabetes found in
                                               operating under the exemption.                          DATES: Each group of renewed                          49 CFR 391.41(b)(3) states that a person
                                                                                                       exemptions were applicable on the                     is physically qualified to drive a CMV
                                               VII. Conclusion
                                                                                                       dates stated in the discussions below                 if that person has no established
                                                 Based upon its evaluation of the 11                   and will expire on the dates stated in                medical history or clinical diagnosis of
                                               exemption applications, FMCSA                           the discussions below.                                diabetes mellitus currently requiring
                                               exempts the following drivers from the                                                                        insulin for control.
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.
                                               vision requirement, 49 CFR
                                               391.41(b)(10), subject to the                           Christine A. Hydock, Chief, Medical                   III. Discussion of Comments
                                               requirements cited above:                               Programs Division, 202–366–4001,                         FMCSA received no comments in this
                                                                                                       fmcsamedical@dot.gov, FMCSA,                          preceding.
                                               Russell A. Anklam (WI)                                  Department of Transportation, 1200
                                               Rodney P. Barfield (GA)                                                                                       IV. Conclusion
                                               Kenneth W. Blake, Jr. (KS)                              New Jersey Avenue SE, Room W64–224,
                                               Efrain R. Cisneros (CA)                                 Washington, DC 20590–0001. Office                        Based upon its evaluation of the 169
                                               Justin D. Craft (AR)                                    hours are from 8:30 a.m. to 5:30 p.m.,                renewal exemption applications and
                                               James E. Haener (ID)                                    e.t., Monday through Friday, except                   comments received, FMCSA confirms
                                               Curvin L. Martin (PA)                                   Federal holidays. If you have questions               its’ decision to exempt the following
                                               Robert L. Redding (NC)                                  regarding viewing or submitting                       drivers from the rule prohibiting drivers
                                               Gerald L. Wheeler (FL)                                  material to the docket, contact Docket                with ITDM from driving CMVs in
                                               George J. Worthington, Jr. (NY)                         Services, telephone (202) 366–9826.                   interstate commerce in 49 CFR
                                               Jonas L. Yoder (NE)                                     SUPPLEMENTARY INFORMATION:                            391.64(3):
                                                 In accordance with 49 U.S.C. 31136(e)                                                                          In accordance with 49 U.S.C. 31136(e)
                                               and 31315, each exemption will be valid                 I. Electronic Access
                                                                                                                                                             and 31315, the following groups of
                                               for two years from the effective date                     You may see all the comments online                 drivers received renewed exemptions in
                                               unless revoked earlier by FMCSA. The                    through the Federal Document                          the month of November and are
                                               exemption will be revoked if the                        Management System (FDMS) at: http://                  discussed below:
daltland on DSKBBV9HB2PROD with NOTICES




                                               following occurs: (1) The person fails to               www.regulations.gov.                                     As of November 1, 2017, and in
                                               comply with the terms and conditions                      Docket: For access to the docket to                 accordance with 49 U.S.C. 31136(e) and
                                               of the exemption; (2) the exemption has                 read background documents or                          31315, the following 12 individuals
                                               resulted in a lower level of safety than                comments, go to http://                               have satisfied the renewal conditions for
                                               was maintained prior to being granted;                  www.regulations.gov and/or Room                       obtaining an exemption from the rule
                                               or (3) continuation of the exemption                    W12–140 on the ground level of the                    prohibiting drivers with ITDM from
                                               would not be consistent with the goals                  West Building, 1200 New Jersey Avenue                 driving CMVs in interstate commerce


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                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                           24573

                                               (78 FR 50482; 78 FR 65754; 80 FR                          As of November 9, 2017, and in                      David A. Basher (MA)
                                               68895):                                                 accordance with 49 U.S.C. 31136(e) and                Brian H. Berthiaume (VT)
                                               John K. Abels (IL)                                      31315, the following 11 individuals                   Eric D. Blocker, Sr. (NC)
                                               Dean A. Bacon (IN)                                      have satisfied the renewal conditions for             Barry W. Campbell (WI)
                                               Philip E. Banks (OH)                                    obtaining an exemption from the rule                  Raymond A. Jack (WA)
                                               Anthony M. Brida (NJ)                                   prohibiting drivers with ITDM from                    Kenny B. Keels, Jr. (SC)
                                               Charles E. Dailey (AL)                                  driving CMVs in interstate commerce                   Jason M. Pritchett (MI)
                                               Kenneth D. Denny (WA)                                   (78 FR 55460; 78 FR 69795; 80 FR                      Steven R. Sibert (MN)
                                               Adam M. Hogue (MS)                                      68895):                                               Cassie J. Silbernagel (SD)
                                               Greg P. Mason (NY)                                      Mark A. Blanton (IN)                                  Lewis B. Taylor (IL)
                                               Thomas D. Miller (MT)                                   Howard T. Cash (IL)                                   James A. Terilli (NY)
                                               Douglas A. Mulligan (KY)                                Heath J. Chesser (AL)                                    The drivers were included in docket
                                               David G. Peters (PA)                                    Kevin F. Connacher (PA)                               number FMCSA–2011–0194. Their
                                               Gregory F. Wendt (NE)                                   Darryl A. Daniels (OH)                                exemptions are applicable as of
                                                 The drivers were included in docket                   Carrie L. Frisby (CA)                                 November 16, 2017, and will expire on
                                               number FMCSA–2013–0183. Their                           Dean M. Keeven (MI)                                   November 16, 2019.
                                               exemptions are applicable as of                         Christopher A. Labudde (IL)                              As of November 17, 2017, and in
                                               November 1, 2017, and will expire on                    Brian A. Mankowski (IL)                               accordance with 49 U.S.C. 31136(e) and
                                               November 1, 2019.                                       Robert E. Welling (OH)                                31315, the following 28 individuals
                                                 As of November 3, 2017, and in                        Keith Weymouth (ME)                                   have satisfied the renewal conditions for
                                               accordance with 49 U.S.C. 31136(e) and                    The drivers were included in docket                 obtaining an exemption from the rule
                                               31315, the following 37 individuals                     number FMCSA–2011–0193. Their                         prohibiting drivers with ITDM from
                                               have satisfied the renewal conditions for               exemptions are applicable as of                       driving CMVs in interstate commerce
                                               obtaining an exemption from the rule                    November 9, 2017, and will expire on                  (80 FR 62155; 81 FR 6329):
                                               prohibiting drivers with ITDM from                      November 9, 2019.                                     Robert G. Chadwick (UT)
                                               driving CMVs in interstate commerce                       As of November 12, 2017, and in                     Brian D. Correll (PA)
                                               (80 FR 59237; 80 FR 79401):                             accordance with 49 U.S.C. 31136(e) and                Thomas W. Feely (NY)
                                               Melvin S. Adams, Jr. (MD)                               31315, the following 19 individuals                   Jeffrey S. Gurick (NJ)
                                               Kevin R. Arnett (MO)                                    have satisfied the renewal conditions for             Robert Hackey, Jr. (NJ)
                                               David A. Ash (KS)                                       obtaining an exemption from the rule                  Lawrence D. Hastings (WI)
                                               Louis Barrios (WA)                                      prohibiting drivers with ITDM from                    Michael P. Haun (RI)
                                               Robert W. Brown (TN)                                    driving CMVs in interstate commerce                   Anthony G. Hill (GA)
                                               Amanda K. Burke (IA)                                    (78 FR 56988; 78 FR 67459; 80 FR                      Charles H. Hillman (OR)
                                               Gallaspy C. Chapman (CO)                                68895):                                               Alan L. Hodge (MN)
                                               Fredrick R. Conner (PA)                                 Philip B. Blythe (IL)                                 Nicholas C. Huber (IA)
                                               Charles A. Culler (OH)                                  Ryan T. Byndas (AZ)                                   Joseph S. Hurlburt (NY)
                                               Allan E. Dover (ID)                                     Winfred G. Clemenson (WA)                             Robert J. Johnson (WA)
                                               Larry D. Everett (CA)                                   Chad P. Colligan (NY)                                 Robert L. Lawson (SC)
                                               James Ferrone (PA)                                      James D. Crosson, Jr. (MN)                            Leroy Madison (SC)
                                               Kenneth C. Fosdick (OH)                                 Bruce E. Feltenbarger (MI)                            Mark L. Martin (WA)
                                               Todd E. Gross (WI)                                      Charles A. Fleming (VA)                               Wendell J. Matthews (MO)
                                               Ricky V. Hoffman (KS)                                   Brian W. Hannah (UT)                                  Peter G. Mattos (VT)
                                               Gary A. Jackson (PA)                                    Michael P. Huck (MI)                                  Michael J. Murray, Jr. (CA)
                                               Wayne O. Jennings (KS)                                  Van K. Jarrett (KY)                                   Joseph K. Niesen (IL)
                                               Larian A. Koger (NC)                                    Keith W. Lewis (MO)                                   Herman Powell, Jr. (TX)
                                               Richard C. Lakas (MO)                                   Ronny J. Moreau (NH)                                  William H. Riley, Jr. (IL)
                                               Amondo D. Lark (FL)                                     James M. O’Rourke (MA)                                Thomas H. Smith (SC)
                                               Deborah C. Neece (NC)                                                                                         James W. Smith (IL)
                                                                                                       Joshua T. Paumer (MT)
                                               Paul Neville (NJ)                                                                                             Michael J. Swanson (IL)
                                                                                                       Vladimir B. Petkov (MO)
                                               Thomas M. Nicolaus (IA)                                                                                       Patrick J. Sweeney (NJ)
                                                                                                       Robert J. Pulliam (AZ)
                                               James D. Rast, III (SC)                                                                                       Mark A. Turley (PA)
                                                                                                       Daniel C. Theis (FL)
                                               Jason K. Riley (WV)
                                                                                                       Richard A. White (TN)                                 Jon T. Webster (MN)
                                               David C. Ripley (WA)
                                                                                                       Mark A. Winning (IL)                                     The drivers were included in docket
                                               Joseph D. Shehan (NC)
                                               Michael Shuler (DC)                                       The drivers were included in docket                 number FMCSA–2015–0069. Their
                                               Joseph A. Sitarchyk (PA)                                number FMCSA–2013–0186. Their                         exemptions are applicable as of
                                               Max F. Smith (IA)                                       exemptions are applicable as of                       November 17, 2017, and will expire on
                                               Vann H. Smith (AL)                                      November 12, 2017, and will expire on                 November 17, 2019.
                                               Donald Snead (GA)                                       November 12, 2019.                                       As of November 20, 2017, and in
                                               John L. Stauffer (IA)                                     As of November 16, 2017, and in                     accordance with 49 U.S.C. 31136(e) and
                                               David L. Stephenson (SD)                                accordance with 49 U.S.C. 31136(e) and                31315, the following 20 individuals
                                               Connie E. Wideman (FL)                                  31315, the following 12 individuals                   have satisfied the renewal conditions for
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                                               Gary W. Wood (AR)                                       have satisfied the renewal conditions for             obtaining an exemption from the rule
                                               Willard Zylstra (CA)                                    obtaining an exemption from the rule                  prohibiting drivers with ITDM from
                                                 The drivers were included in docket                   prohibiting drivers with ITDM from                    driving CMVs in interstate commerce
                                               number FMCSA–2015–0067. Their                           driving CMVs in interstate commerce                   (71 FR 58464; 71 FR 67201; 80 FR
                                               exemptions are applicable as of                         (76 FR 61140; 76 FR 71111; 80 FR                      68895):
                                               November 3, 2017, and will expire on                    68895):                                               John N. Anderson (MN)
                                               November 3, 2019.                                       Mark D. Andersen (IA)                                 Allan C. Boyum (MN)


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                                               24574                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               Terry L. Brantley (NC)                                  satisfied the renewal conditions for                  regarding viewing or submitting
                                               Steven E. Brechting (MI)                                obtaining an exemption from the rule                  material to the docket, contact Docket
                                               Scott A. Carlson (WI)                                   prohibiting drivers with ITDM from                    Services, telephone (202) 366–9826.
                                               Joseph L. Coggins (SC)                                  driving CMVs in interstate commerce                   SUPPLEMENTARY INFORMATION:
                                               Stephanie D. Fry (WY)                                   (76 FR 63295; 76 FR 76400; 80 FR
                                               Robert W. Gaultney, Jr. (MD)                            68895).                                               I. Electronic Access
                                               Paul T. Kubish (WI)                                       This driver was included in docket                     You may see all the comments online
                                               David M. Levy (NY)                                      number FMCSA–2013–0189. The                           through the Federal Document
                                               David F. Morin (CA)                                     exemption is applicable as of November                Management System (FDMS) at: http://
                                               Jeffrey J. Morinelli (NE)                               22, 2017, and will expire November 22,                www.regulations.gov.
                                               Ronald D. Murphy (WV)                                   2019.                                                    Docket: For access to the docket to
                                               Charles B. Page (PA)                                      In accordance with 49 U.S.C. 31315,                 read background documents or
                                               John A. Remaklus (OH)                                   each exemption will be valid for two                  comments, go to http://
                                               Michael D. Schooler (IN)                                years from the effective date unless                  www.regulations.gov and/or Room
                                               Arthur L. Stapleton, Jr. (OH)                           revoked earlier by FMCSA. The                         W12–140 on the ground level of the
                                               Jeffrey M. Thew (WA)                                    exemption will be revoked if the                      West Building, 1200 New Jersey Avenue
                                               Barney J. Wade                                          following occurs: (1) The person fails to             SE, Washington, DC, between 9 a.m. and
                                               Dennis D. Wade (IL)                                     comply with the terms and conditions                  5 p.m., e.t., Monday through Friday,
                                                  The drivers were included in docket                  of the exemption; (2) the exemption has               except Federal holidays.
                                               number FMCSA–2006–25751. Their                          resulted in a lower level of safety than                 Privacy Act: In accordance with 5
                                               exemptions are applicable as of                         was maintained prior to being granted;                U.S.C. 553(c), DOT solicits comments
                                               November 20, 2017, and will expire on                   or (3) continuation of the exemption                  from the public to better inform its
                                               November 20, 2019.                                      would not be consistent with the goals                rulemaking process. DOT posts these
                                                  As of November 21, 2017, and in                      and objectives of 49 U.S.C. 31136 and                 comments, without edit, including any
                                               accordance with 49 U.S.C. 31136(e) and                  31315.                                                personal information the commenter
                                               31315, the following 29 individuals                       Issued on: May 17, 2018.
                                                                                                                                                             provides, to http://www.regulations.gov,
                                               have satisfied the renewal conditions for                                                                     as described in the system of records
                                                                                                       Larry W. Minor,
                                               obtaining an exemption from the rule                                                                          notice (DOT/ALL–14 FDMS), which can
                                                                                                       Associate Administrator for Policy.                   be reviewed at http://www.dot.gov/
                                               prohibiting drivers with ITDM from
                                                                                                       [FR Doc. 2018–11410 Filed 5–25–18; 8:45 am]           privacy.
                                               driving CMVs in interstate commerce
                                                                                                       BILLING CODE 4910–EX–P
                                               (80 FR 63863; 81 FR 6330):                                                                                    II. Background
                                               Leonel Barrera, Jr. (TX)                                                                                         On February 14, 2018, FMCSA
                                               Alfred T. Benelli (PA)                                  DEPARTMENT OF TRANSPORTATION                          published a notice announcing receipt
                                               Rickie J. Burgess (NC)                                                                                        of applications from 51 individuals
                                               Edson M. Chick (VT)                                     Federal Motor Carrier Safety                          requesting an exemption from diabetes
                                               Jerome E. Collins (LA)                                  Administration                                        requirement in 49 CFR 391.41(b)(3) and
                                               Alvah R. Daniel, Jr. (WY)                                                                                     requested comments from the public (83
                                                                                                       [FMCSA Docket No. FMCSA–2018–0020]
                                               John M. Fisher (VA)
                                                                                                                                                             FR 6685). The public comment period
                                               Kent E. Fry (IL)                                        Qualification of Drivers; Exemption                   ended on March 16, 2018, and five
                                               Stanley M. Garrison (AR)                                Applications; Diabetes Mellitus                       comments were received.
                                               Eric T. Herron (NV)                                                                                              FMCSA has evaluated the eligibility
                                               Lyle E. Hinspeter, Jr. (IA)                             AGENCY: Federal Motor Carrier Safety
                                                                                                                                                             of these applicants and determined that
                                               Burton W. Holliday (AL)                                 Administration (FMCSA), DOT.
                                                                                                                                                             granting the exemptions to these
                                               Justin L. Howe (IL)                                     ACTION: Notice of final disposition.                  individuals would achieve a level of
                                               Robert M. Manko (NY)                                                                                          safety equivalent to or greater than the
                                               Clarance McNeill (NC)                                   SUMMARY:   FMCSA announces its
                                                                                                       decision to exempt 51 individuals from                level that would be achieved by
                                               Joe R. Minga (MS)
                                                                                                       the prohibition in the Federal Motor                  complying with the current regulation
                                               Tyna M. Murphy (PA)
                                                                                                       Carrier Safety Regulations (FMCSRs)                   49 CFR 391.41(b)(3).
                                               Jose A. Ortega (IL)                                                                                              The physical qualification standard
                                               Troy D. Ostrowski (MN)                                  against persons with insulin-treated
                                                                                                       diabetes mellitus (ITDM) from operating               for drivers regarding diabetes found in
                                               Terry G. Parker (OR)                                                                                          49 CFR 391.41(b)(3) states that a person
                                               Anthony T. Quaglieri (NJ)                               a commercial motor vehicle (CMV) in
                                                                                                       interstate commerce. The exemptions                   is physically qualified to drive a CMV
                                               Antonio Ramos (RI)                                                                                            if that person has no established
                                               Robert N. Ruhs (IA)                                     enable these individuals with ITDM to
                                                                                                       operate CMVs in interstate commerce.                  medical history or clinical diagnosis of
                                               Ford J. Stevens, Jr. (MA)                                                                                     diabetes mellitus currently requiring
                                               Donald T. Streich (WA)                                  DATES: The exemptions were applicable
                                                                                                                                                             insulin for control.
                                               Dale A. Stydinger (PA)                                  on March 17, 2018. The exemptions
                                               Raymond E. Thomason (CA)                                expire on March 17, 2020.                             III. Discussion of Comments
                                               Robert M. Wright (PA)                                   FOR FURTHER INFORMATION CONTACT: Ms.                     FMCSA received five comments in
                                               Joe L. Zamora (TX)                                      Christine A. Hydock, Chief, Medical                   this proceeding. Vicky Johnson stated
                                                  The drivers were included in docket                  Programs Division, (202) 366–4001,                    that Minnesota Department of Public
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                                               number FMCSA–2015–0068. Their                           fmcsamedical@dot.gov, FMCSA,                          Safety is in favor of granting exemptions
                                               exemptions are applicable as of                         Department of Transportation, 1200                    to the following Minnesota drivers:
                                               November 21, 2017, and will expire on                   New Jersey Avenue SE, Room W64–224,                   Mark S. Schellhammer, Daniel G.
                                               November 21, 2019.                                      Washington, DC 20590–0001. Office                     Roach, and Donald R. Heupel.
                                                  As of November 22, 2017, and in                      hours are from 8:30 a.m. to 5 p.m., e.t.,                The Motor Vehicle Division (DMV) in
                                               accordance with 49 U.S.C. 31136(e) and                  Monday through Friday, except Federal                 the State of Montana reviewed the
                                               31315, Steven R. Auger (NH) has                         holidays. If you have questions                       driving record of Marty G. Niles and


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Document Created: 2018-05-26 00:48:23
Document Modified: 2018-05-26 00:48:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesEach group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 24572 

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